The correlates of spouses' incongruent reports of marital aggression

Husbands' and wives' reports (n=97 couples) of engaging in or experiencing marital aggression were compared to determine congruence. Congruence was defined as spousal agreement on whether either spouse had been nonviolent, mildly violent, or severely maritally violent within the past year. Whereas approximately equal numbers of clinic couples were incongruent for husband and for wife violence (32% vs. 31%), only incongruence for husband violence (H W) was found to correlate with reports of affective and relationship functioning. Incongruent H W wives were more likely to be depressed and angry. H W incongruent wives were also more negative about the inter-spousal communication and rated the relationship as more unsatisfactory for them than did congruent wives. Incongruent H W husbands also perceived the relationship more negatively, but their levels of depression and anger did not differ from congruent H W husbands. These findings were not replicated for spouses who were incongruent for wife violence. Our results support the conclusion that spousal disagreement about H W violence has a more negative impact than does disagreement about wives' level of aggression.     

Rāmānuja's theory of Karman

Conclusion Performance of duty [dharma], without attachment to results, eradicates evil action [karman] and thus promotes the growth ofbhakti, which is the sole means of attainingmoksa. Although associated with such internal (mental or intellectual) activity asdhyna, jñna, vedana andvidy, bhakti nevertheless demands the external practice of daily and occasional activity —karman — prescribed by Scripture. If one neglects to perform thekarman enjoined for one's caste and stage of life, one's mind will be corrupted and will be incapable of attaining knowledge (meditation) of the personalbrahman. If one'skarman is associated withbhakti, one can attain the Lord through His grace. In Rmnuja's scheme,karman is thus not only a prerequisite for the origination of meditation on the Lord, but also for acquisition of perfect knowledge (para-bhakti) of Him. Obviously,karman, unlikebhakti, is not a direct means of salvation: it is only an auxiliary. Rmnuja, however, emphasizes thatkarman should be continued as long as one lives. Rmnuja's discussion ofkarman thus provides a theoretical foundation to his position that the karma-mmmsa — the philosophical study and interpretation of ritual activity — is indispensable to the inquiry intobrahman.     

Trampling Human Rights in the War on Terror: Implications to the Sociology of Denial

Critical criminology has greatly benefited fromthe concept of moral panic, which is a helpfulframework for understanding immigrationreform and the treatment of immigrants –especially in relation to concerns aboutterrorism. In response to the events ofSeptember 11, 2001, the United Statesgovernment swiftly produced legislationintended to protect homeland security,culminating in the USA Patriot Act. Whilemainstream political leaders supported the newlaw, many legal experts expressed concernsabout its expansive powers as serious dangersto immigrants rights and civil liberties.Among those concerns are controversial tacticsinvolving ethnic profiling, detentions, andgovernment secrecy. This article examinescritically the nature of those forms of humanrights violations while elaborating on thecontradictions in the war on terror. ApplyingCohens sociology of denial – how literal,interpretive, and implicatory denial perpetuatelong-term social problems – developments areinterpreted conceptually, contributing to adeeper understanding of growing threats tohuman rights.     

Political corruption and the role of public prosecutors in Italy

This paper analyzes the problem of political corruption in Italy and the role public prosecutors have played in unraveling such a phenomenon. The factors that have contributed to fostering systemic corruption as well as those that have contributed to uncovering such a system are given careful consideration. The most relevant conclusion is that whereas endogenous forces in the judiciary (prosecutors and judges) — in particular, its low level of institutional autonomy — have prevented it from containing corruption, exogenous forces — which have broken the conditions that had favoured the stability of the so-called first Republic — have led prosecutors to engage in massive investigations.This article is a revised version of the paper prepared for delivery at the 1994 Workshop on Corruption and Politics held at the Instituto Internacional de Sociologia Juridica, Onati (Spain), July 13–14, 1994. I am appreciative to Prof. Giuseppe Di Federico (University of Bologna) for his deep insights of this complex matter and for his very useful comments.     

The five khandhas: Their theatment in the nikāyas and early abhidhamma

Conclusion To explain the khandhas as the Buddhist analysis of man, as has been the tendency of contemporary scholars, may not be incorrect as far as it goes, yet it is to fix upon one facet of the treatment of the khandhas at the expense of others. Thus A. B. Keith could write, By a division which ... has certainly no merit, logical or psychological, the individual is divided into five aggregates or groups. However, the five khandhas, as treated in the nikyas and early abhidhamma, do not exactly take on the character of a formal theory of the nature of man. The concern is not so much the presentation of an analysis of man as object, but rather the understanding of the nature of conditioned existence from the point of view of the experiencing subject. Thus at the most general level rpa, vedan, sañña, and are presented as five aspects of an individual being's experience of the world; each khandha is seen as representing a complex class of phenomena that is continuously arising and falling away in response to processes of consciousness based on the six spheres of sense. They thus become the five updnakkhandhas, encompassing both grasping and all that is grasped. As the updnakkhandhas these five classes of states acquire a momentum, and continue to manifest and come together at the level of individual being from one existence to the next. For any given individual there are, then, only these five updnakkhandhas — they define the limits of his world, they are his world. This subjective orientation of the khandhas seems to arise out of the simple fact that, for the nikyas, this is how the world is experienced; that is to say, it is not seen primarily as having metaphysical significance.Accounts of experience and the phenomena of existence are complex in the early Buddhist texts; the subject is one that is tackled from different angles and perspectives. The treatment of rpa, vedan, saññ, and represents one perspective, the treatment of the six spheres of sense is another. As we have seen, in the nikya formulae the two merge, complementing each other in the task of exposing the complex network of conditions that is, for the nikyas, existence. In the early abhidhamma texts khandha, yatana and dhtu equally become complementary methods of analysing, in detail, the nature of conditioned existence.The approach adopted above has been to consider the treatment of the five khandhas in the nikyas and early abhidhamma texts as a more or less coherent whole. This has incidentally revealed something of the underlying structure and dynamic of early Buddhist teaching — an aspect of the texts that has not, it seems, either been clearly appreciated or properly understood, and one that warrants further consideration.     

‘Women’ Detectives and Perceptions of ‘Oppressive’ Experiences: Exploring Experiential Essentialism and Phenomenology

The purpose of this paper is toexplore whether female Detectives perceptionsof their own work experiences include oppressive experiences because of their sex. It attempts to evaluate these perceptions ofoppressive work experiences or lack thereofvia a feminist viewpoint that embraces variousaspects of phenomenology with regards towomens experiences. More importantly, itrecognizes that experiential essentialistarguments cannot be ignored. The word womanis in quotes because it has been used,historically and presently, as a category toposition females according to mainstreamsocietys standards. The word oppressive isin quotes because even though the researcherdescribed oppressive instances in specificways, there were times, where some subjects didnot identify those experiences asoppressive. The majority of 60 female CanadianDetectives identified oppressive experiences,and an important task of this paper is toexamine experiences that fit the researchersdefinition but were not considered oppressiveby the subjects.     

Formal Legal Truth and Substantive Truth in Judicial Fact-Finding -- Their Justified Divergence in some Particular Cases

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.     

Human and fundamental rights: What are they about?

Conclusion Human rights, distrusted by Bentham, through emergence ofGesellshaft, have sometimes been identified with rights of market men and gradually on an ad hoc basis and so have been given a relational or relativist character for that reason. Such a view ignores the test of humanness or the tele of human rights surviving any political association and the need for full development of human personality as an autonomous being inherent in full respect for all as moral persons. This disposes of the view of human rights in terms of rules of a game, or of connection between human rights and human action, or of the standard of the prudent man or, finally, of the ideology of the rising bourgeoisie. Equally, that very test of humanness disposes of criticisms of the human rights theory based on a concern for implementation of rights, on concentric circles based on the specific and concrete, on the impossibility of liking the billions, on the distinction between negative, positive and administrative rights, on the condition of being able to make valid claims and thereby denying human rights to the deprived millions in poor countries, on the social justice model, on the potential for violence and conflict and, finally, on the vagueness or subjectivity of human rights. An eclectic synthesis not between good and evil nor between right and wrong but between the extremes of the views presented in such critical explanations e.g. between the New Right and the New Left and between Hobbes and Rousseau) is what is needed in order to present a workable theory of human rights in the modern-day world.     

The evidencer's eye: Representations of truth in the laws of evidence

University of Lancaster, Department of Law. I would like to take this opportunity to thank Costas Douzinas, Peter Goodrich, Shaun McVeigh and particularly Peter Rush for advice and inspiration while writing this paper. Any remaining proven faults are my own.     

Recovering the Indigenous Legal Traditions of India: Classical Hindu Law in Practice in Late Medieval Kerala

The collection of Malayalam records entitled Vanjeri Grandhavari, taken from the archives of an important Namputiri Brahmin family and the temple under its leadership, provides some long-awaited information regarding a wide range of legal activities in late medieval Kerala. The organization of law and the jurisprudence represented by these records bear an unmistakable similarity to legal ideas found in dharmastra texts. A thorough comparison of the records and relevant dharma texts shows that landholding Namputiri Brahmins, who possessed enormous political and economic power in the region, mediated the implementation of dharmastra into the legal system. From this comparison arise new understandings of law and legal categories such as custom and positive law. Moreover, such comparisons begin to elucidate the problems involved in Western assumptions that it is textual law, not its interpretation and application by humans, which controls behavior. The Vanjeri records demonstrate not only the importance of dharmastra as a historical document but also the manner and extent to which dharmastra provided the foundation for legal systems in Kerala as well as in other regions of India.     

Sex @ the End of the Twentieth Century: Some Re-marks on a Minor Jurisprudence

This article offers a re-reading of Goodrichs essay, Law in the Courts of Love. My contention here is that the idiom of love that Goodrich provides us with in this essay cannot address the complexity of sexuality and sexual politics that inhabit our contemporary technoscientific culture. In so doing, I will juxtapose his essay with Laven Berlant and Michael Warners essay, Public Sex. This article will be divided into three sections. In the first section, I will evaluate and review Goodrichs genealogical approach to law and the image of justice that arises out of his approach. The second section will be a re-reading of Goodrichs Law in the Courts of Love through feminist and technoscientific discourses. Its aim is to problematise and re-think not only the idiom of feminine justice that Goodrich offers, but also to question the presuppositions upon which his work is based, primary presuppositions surrounding issues of privacy, sexuality and sexuated rights. Finally, in the third section I will conclude by suggesting that the re-figuration of justice necessitates a re-figuration of the relationship that law has with time and space.     

Democracy and Justice

Mackies volume is a path-breaking, thorough, and innovative overview of the subject of social choice and its implications for understanding democracy. It is made up of various lines of analysis including historical interpretation, a review of massive numbers of statistical studies and a careful analysis of numerous aspects of the logical proof of Kenneth Arrows Impossibility Theorem. It will be must reading for all who wish to understand democracy given the work in the social choice field over the last 50 years. On the other hand, it has its shortcomings. By focusing on a particular school of attackers of democracy (led by William Riker), the book becomes less balanced and less useful than it might be. Most unfortunately, Mackie does not take the plunge to see what positive elements flow from such related fields as theories of justice. Finally, by avoiding these other fields, the centrality of politics in the pursuit of justice is one of the implications of the analysis that is missed.     

Continuing barriers to women's credibility: A feminist perspective on the proof process

This article is an expanded version of a paper presented at the Society for the Reform of Criminal Law Conference on Reform of Evidence Law, Vancouver, British Columbia, Canada, August 3–7, 1992.     

The Criminological Enterprise in Europe and the United States: A Contextual Exploration

European criminology obviously means more than simply the collaborative efforts (on drugs, restorative justice, youth gangs) between researchers and scholars from Europe. In this essay, the author compares and contrasts American criminology with criminology in Europe (as it exists in individual countries), without aiming for the essence of European criminology. She points to differences between the US and Europe with regard to the criminological enterprise (such as history, scale, degree of institutionalisation, accessibility, diversity in theory and method, the critical and self-reflexive stance, and focal research questions), and to the differences in doing science, doing justice, and doing crime. American criminology is a powerful influence in Europe, although there may be a tendency to overestimate the importance of American criminology, because of the dominance of English-language publications. American criminology has made many positive contributions to the field of the study of law, crime and social control, and it continues to do so. However, if one defines the essence of American criminology as being policy-oriented, methodologically-driven, and lacking theoretical lustre, diversity, and critical edge, then the fear of Americanisation of European criminology is well-placed. It is not the criminological enterprise of the US per se, but rather the notion of Americanisation which is really at issue here.     

Truth and veridiction in law

Translated from French by F. Ringham, B. Martin and E. Pinner (Vérité et véridiction en droit,Droit et Société 8 (1988), 45–59).